(PC) Moore v. Butte County ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND E. MOORE Jr., No. 2:22-cv-01517-DJC-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 BUTTE COUNTY, et al., 15 Defendants. 16 17 Plaintiff, a proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 31, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on Plaintiff and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff has not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 27 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 28 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 1 the findings and recommendations to be supported by the record and by the proper 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed July 31, 2023, are adopted in full; 5 2. The claims against Defendant Tanya Atkinson are dismissed due to Plaintiff's 6 | failure to allege a cognizable claim against her; and 7 3. This matter is referred back to the assigned Magistrate Judge for all further 8 | pretrial proceedings. 9 10 IT IS SO ORDERED. 11 | Dated: _ September 6, 2023 Bek | Cbabeatin.. Hon. Daniel labretta 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28